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FRAME v. MAYNARD

39 A.D.3d 328 (2007)

833 N.Y.S.2d 487

ALEXANDER M. FRAME, Plaintiff, v. KENNETH L. MAYNARD et al., Respondents, and R.H. GUTHRIE et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 17, 2007.

Summary judgment was properly denied on the Guthries' cross claims for breach of fiduciary duty, breach of the limited partnership agreement and constructive fraud since there is a question of fact as to the value of the limited partners' share of the property, and whether or not it was worth more than the limited partners received from the sale. Rescission of the sale is not a proper remedy since money damages will adequately compensate the Guthries. Removal of Maynard as...

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